RAZIA RASHID AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (SOCIAL WELFARE)
WP(C)/2094/2023 · 2025-04-02
Rahul Bharti
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 8516 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8516 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 9 Regular list HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM (1102/2025) IN WP(C) 2094/2023 RAZIA RASHID AND ANR. …Petitioner(s)
Through: Mr. Wani Manzoor, Advocate Vs.
UNION TERRITORY OF J AND K AND ORS.
(SOCIAL WELFARE)
...Respondent(s) Through: Mr. Mubashir Majid Malik, Dy. AG. Mr. Nisar Ahmad Bhat, Advocate.
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE
ORDER 02.04.2025
1. Child Development Project Officer, (CDPO) POSHAN, Wagoora came to undertake a selection exercise for the selection of Anganwadi Workers (Sanginis) and Anganwadi Helpers (Sahayikas) for six Anganwadi Centres under POSHAN Project related to Wagoora. 2. Six Panchayat Halqas were meant to be provided with Anganwadi Workers/Helpers for the respective Angandwadi Centre located in the said Panchayat Halqas. Exercise was put into Public Domain an vide Advertisement Notice No. 01 of 2023 dated 25.05.2023. 3. Child Development Project Officer (CDPO), Wagoora came forward with the public notice thereby publishing a tentative selection list of Anganwadi Workers and inviting objections from any aggrieved competitor/non-selected candidate. 4. In the tentative selection list so put to objection in the Public Domain, for the Anganwadi Centre Doulatpora the name of the petitioner No. 1-Razia Rashid was declared and for the Anganwadi Centre, Kalantra, the name of petitioner No. 2-Bisma Ashraf was declared as prospective Anganwadi Workers. 5. Acting at their own and by self-drawn apprehension that their tentative selection is exposed to some mischief by reference to an objection as to their correct residential particulars which may lead to their ouster from the final selection panel, the petitioners ventured with the institution of present writ petition on 11.08.2023 and got a direction in an order dated 14.08.2023 which meant the writ respondents to maintain the present position of the petitioners of being tentatively selected as it is meaning thereby the petitioners got the selection process frozen and that remained the state of selection process when the writ petition came to suffer dismissal for non-prosecution on 20.11.2024 and succeeding in getting it restored in terms of an order dated 10.12.2024 subject to payment of costs. This is how the writ petition has been revived. 6.
From the very fact that selection exercise which was undertaken in the month of May 2023 and was supposed to have been carried out to its logical end in the year 2023 itself has not seen closure with respect to two Anganwadi Centres, namely, Doulatpora and
Kalantra even in April 2025 is a good enough reason for this Court to make short business of this writ petition by directing the Mission Director, Mission Poshan UT of J&K to undertake fresh selection process for the purpose of selection of Anganwadi Workers for two Anganwadi Centres namely Doulatpora and Kalantra in which the petitioners as well as the persons who had applied in response to Advertisement Notice No. 01 of 2023 dated 25.05.2023 shall also be entitled to apply subject to fulfilment of the eligibility requirement and also to allow freshly eligible eligible candidates to compete for the selection. 7. This court is passing this direction taking into view the fact that for the period of pendency of this writ petition which has now lasted more than one and a half year, the two Anganwadi Centres of Doulatpora and Kalantra had gone without any Anganwadi Worker administering and managing the said two Centres which is against the Public Interest
8. The interest of the petitioners or for that matter the co-competitors could not have been higher than that of the Public Interest so as to keep the selection process on hold during the period of pendency of the writ petition. 9. Mission Director, Mission Poshan J&K to undertake the exercise within a period of two months from the passing of this order. 10. Copy of this order be sent to Mission Director, Mission Poshan by the Registrar Judicial Srinagar for notice and compliance. Otherwise also, the disposal of this writ petition is taking place in presence of Mr. Mubashir Malik, learned Deputy Advocate General representing Mission Director, Mission Poshan J&K as well all the other co-respondents. 11. Disposed of. (RAHUL BHARTI)
JUDGE
SRINAGAR
02.04.2025. Bisma